Court No. - 49
Case :- APPLICATION U/S 482 No. - 29157 of 2018 Applicant :- Ajay And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shravan Kumar Mishra,Akhilesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the impugned charge-sheet dated 25.10.2016 as well as entire proceeding of Criminal Case No. 5759 of 2016, arising out of Case Crime No. 169 of 2016, under Section 294, 354, 323, 504, 506, 352, 338 and 325 I.P.C., Police Station Bardah, District Azamgarh, pending in the court of learned Judicial Magistrate, Azamgarh.
Learned counsel for the applicant submits that the applicants have been falsely implicated in the cross-case. At this stage, the argument raised by learned counsel for the applicants involves factual disputes and require appraisal of evidence.
From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicants at this stage. All the submissions made at the bar, relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283.
The prayer for quashing the proceedings of the aforesaid case is refused.
However, in view of the entirety of facts and circumstances of the case, it is directed that in case the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Supreme Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
With the aforesaid directions, this application is finally disposed of. Order Date :- 24.8.2018 Prakhar